Fair Labor Standards Act Compliance Studies
Our Approach to Compliance
In order to help public and private employers avoid liability under the Fair Labor Standards Act (FLSA), Felice Associates has developed a methodology and systematic approach to determine the exempt or non-exempt status of your employees under the FLSA.
Our FLSA compliance studies are designed to reduce the amount of time and cost for employers to ensure their compliance with the FLSA. We have developed an easy to use three phase approach in determining the FLSA status of your employees using our proprietary software program:
Phase 1: Employees complete an electronic job analysis questionnaire which is used to elicit their primary job duties. The completed questionnaires are entered into our software program, which is designed to highlight indicia under the FLSA to assist in determining whether the employee is exempt or non-exempt.
Phase 2: The responses of each employee’s questionnaire are individually reviewed by two professional Associates within our firm and then finally reviewed by our firm’s General Counsel prior to finally determining the exempt or non-exempt status of your employees.
Phase 3: Upon completion of our study, an FLSA compliance guide is provided for future use by management. This guide is a valuable resource which will assist employers in making informed decisions involving FLSA compliance.
The Law in Brief
The Wage and Hour Division of the U.S. Department of Labor has been increasing its enforcement of the minimum wage and overtime provisions of the FLSA.
The FLSA provides an exemption from both the minimum wage and overtime pay requirements for employees employed as bona fide executive, administrative, professional, and computer employees. To qualify for exemption, employees must meet the “Salary Basis Test” and “Duties Tests” specified in the FLSA.
Without a thorough analysis of an employee’s primary duties to determine their exempt status, employers are exposed to liability under the FLSA. Violations of the FLSA could result in significant monetary damages including back wages, liquidated damages (equal to the amount of back wages), attorney’s fees, and court costs.
Job titles and salary alone do not determine exempt status. In order for an exemption to apply, the employee’s salary and primary job duties must meet each of the Duties Tests required under the FLSA.
The FLSA overtime and minimum wage provisions are narrowly construed by the courts, and employers bear the burden of having to prove that each employee claimed as exempt meets each of the FLSA requirements for exemption.